Texting and Driving Laws Remain Unchained in South Dakota

For now, any officer can see you texting and driving, but won't be able to pull you over and write a ticket, unless you're doing something else to break the law that's a higher concern.

A legislative committee reviewed whether to change the texting and driving law to a primary offense, which would have given police the authority to stop any driver texting and driving and be given a ticket.

Despite law enforcement, insurance companies and emergency responders speaking out in favor of the bill, concerns were voiced about giving too much authority to officers enabling them to stop motorists anytime they saw something in their hands.

According to Handsfree.com, if you are involved in another infraction that opens the door to police also writing you a ticket for texting and driving, the fine is $100.

The bill to strengthen texting and driving laws was co-sponsored by Representatives Spence Hawley and Larry Tidemann. Had the law changed, it would have been reclassified as a class 2 misdemeanor, with a $500 fine or possible jail time.